Legal Question in Civil Litigation in California

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You have clarified my questions. In actualty the robo signer I was referring to was all over in the national news as having signed for various institutions as VP. Actually in the notarised recorded documents submitted for judicial notice in the demurrer, within two weeks of time frame, she signed an assignment of deed from MERS to a National Bank as VP of MERS and then the substitution of Trustee for the National Bank as VP of the National Bank.

You are very right, if that fact is not pleaded in the complaint, I can not see the Court composing a plea for the Plaintiff just because they are aware of the fraudulent acts in the record.


Asked on 9/03/11, 8:18 pm

1 Answer from Attorneys

Now you're beginning to get it. That's why if you plead a 9/11 hijacker signed a contract on 9/12 you can get judicial notice, but only the robosigning scandal is of such common knowledge to be judicially noticeable, not the details. You would have to offer evidence of who the woman is and the other things she signed, before the court would have anything to go on, and that is the antithesis of judicial notice. So it must be put in the pleadings and then proved by admissible evidence at trial or in a motion for summary judgment. In fact, if the complaint did not plead that the person who signed the contract was one of the hijackers, just the name, you probably would not be able to get judicial notice to defeat the complaint. This is both because the names of the hijackers are not universally known and undisputed, and because evidence would be required to show that the person in the pleading with that name is the same person with that name who was a hijacker.

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Answered on 9/03/11, 8:38 pm


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